The latest news, practice pointers and resources for Ohio appellate law
“Because R.C. 109.78(D) and R.C. 2923.122(D)(1)(a) are unambiguous and do not conflict with each other, we must apply both statues as written unless and until the General Assembly directs otherwise by legislative action.”
Chief Justice O’Connor, majority opinion
“To reach its conclusion, the majority finds it necessary to forsake a plain reading of [R.C. 109.78(D)].
On April 26, 2022, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“In all the cases you are talking about, name one case where the public official has been held liable or responsible who had no control over the funds.”
Justice Stewart, to the Deputy Solicitor…
Update: On June 23, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“If we say 109 (R.C. 109.78(D)) doesn’t apply, then do we allow non-law enforcement personnel to carry a weapon, hoping they do the right thing with it?”
Justice Stewart, to counsel for Madison…
“Based on the record before us, even when viewed in a light most favorable to the family, reasonable minds can come to only one conclusion: appellants were not reckless.”
Justice Fischer, Opinion of the Court
On November 10, 2020, the Supreme Court of Ohio handed down a merit decision in A.J.R. v. Lute, 2020-Ohio-5168…
“…under the plain language of R.C. 3319.321(B), the school district is prohibited from releasing any personally identifying information about Betts without his consent.”
Justice Stewart, majority opinion
“The text of R.C. 3319.321(B) is written in the present tense and unambiguously limits the release of ‘personally identifiable information other than directory information concerning any student attending…
Update: On November 10, 2020 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“What in your view is perverse, what is it that’s reckless about the actions they (the educators) took—not in terms of reasonableness, but in terms of recklessness?”
Justice French, to counsel for A.R.
Update: Joshua Polk was indicted for a felony count of possessing a firearm in a school safety zone. On March 8, 2018, Polk, who had served ten days in jail for this offense, pled guilty to a misdemeanor charge of attempted possession of a firearm in a school zone. Franklin County Court of Common Pleas…
